Thomas v. Peoples Gas Light and Coke Company

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2011 IL App (1st) 102868 THIRD DIVISION September 30, 2011 No. 1-10-2868 SHEILA THOMAS, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. PEOPLES GAS LIGHT AND COKE COMPANY, Defendant-Appellee. ) ) ) ) ) ) ) ) ) APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY No. 09 CH 27734 HONORABLE RITA M. NOVAK, JUDGE PRESIDING. PRESIDING JUSTICE STEELE delivered the judgment of the court, with opinion. Justices Neville and Salone concurred in the judgment and opinion. OPINION ¶1 Plaintiff, Sheila Thomas, appeals an order of the circuit court of Cook County dismissing her putative class action lawsuit against defendant, Peoples Gas Light & Coke Company (Peoples Gas), on the ground that the Illinois Commerce Commission (Commission) had exclusive jurisdiction over Thomas's claims that Peoples Gas was attempting to force payment of debts Thomas discharged in bankruptcy. For the following reasons, we reverse the decision of the circuit court and remand the case for further proceedings. ¶2 ¶3 BACKGROUND On August 10, 2009, Thomas filed a class action complaint containing the following allegations. Thomas is 60 years old and collects disability benefits. In May 2000, Thomas filed for bankruptcy; a debt she owed to Peoples Gas was discharged in the proceeding. Peoples Gas

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